Mir Dara Sheko, J. - (1.) None appears to represent the petitioner. Taking note of the very age-old application under Article 227 of the Constitution filed assailing an order dated March 7, 2012 passed by learned Civil Judge (Jr. Division), 2nd Court at Contai in Title Execution Case No.14 of 2010, the CO is taken up for consideration and disposal on merit.
(2.) Perused the materials available on record. It appears that the petitioner being decree-holder had prayed for police help by filing an application under section 151 of the Code of Civil Procedure. Learned trial court declined to entertain such prayer observing as follows: "I am of the opinion that, citation referred is not relevant as the same deals with police help U/R 208 of CRO and the instant petn has been filed U/151 CPC. Therefore, in the light of statutory provisions I am not inclined to allowed police help in the given facts and circumstances of the case."
(3.) Looking to the decree in question it appears that the petitioner as plaintiff had obtained one ex parte decree in the suit being T.S. No.19 of 2009 instituted before learned Civil Judge (Jr. Division), 2nd Court, Contai wherein the defendants of that suit were directed to deliver peaceful and vacant possession of the decretal 'ka' schedule property in favour of the petitioner within a stipulated period, failing which there was liberty to proceed with the execution proceeding.;